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Appendix C: Natural Resources and Environmental Protection

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Appendix C: Natural Resources and Environmental Protection A Appendix C: P Natural Resources P and Environmental E Protection Act (NREPA) Part 31 – N Part 5 Rules D • Applicability Flow Chart I • Part 5 Rules with Notes X C APPENDIX C: NREPA Part 31 – Part 5 Rules Applicability Flow Chart - Part 5 Rules Spillage of Oil and Polluting Materials Review the administrative rules (R 324.2001 – R 324.2009) on the following pages and ask the questions below to determine if the Part 5 requirements apply. Does the facility meet the definition of an oil storage or on-land facility per R 324.2001 (f) or (g)? No Yes Does the facility have polluting materials that all meet the small container exemption or are regulated by (and in compliance with) another Yes Not subject to Part 5 requirements. program listed in R 324.2003 excluding R 324.2003 (1)(b)? No Does the facility have polluting materials in regulated Threshold Management Quantities (TMQs) per R 324.2002 (f)? No Polluting materials include mixtures containing 1% or more, by weight, of any substances listed below. SALT LISTED CHEMICALS OIL R 324.2009 Solid form - 5 tons Single container or tank having 660 gallon storage or Liquid form - 1,000 gallons Outdoors – 440 pounds capacity Indoors – 2,200 pounds Total capacity of 1,320 gallons above ground storage REQUIREMENTS o Pollution Incident Prevention Plan (PIPP) – R 324.2006 REQUIREMENTS Including notification requirements to EGLE , local health o Use Area & Indoor Storage – R 324.2005 department, and local emergency planning committee o Surveillance – R 324.2004 o Secondary Containment – R 324.2005 o Release Reporting – R 324.2002 & Including Use Area & Indoor Storage R 324.2007 Surveillance – R 324.2004 o o Facilities under R 324.2003 (1)(b) are also o Release Reporting – R 324.2002 & R 324.2007 subject to the submittal requirements of R 324.2006 (2) for their SPCC plans For more information, go to www.michigan.gov/ EGLEwater - “Part 5 Rules - Spillage of Oil, Polluting Materials” or contact the Environmental Assistance Center at 800-662-9278 Report spills: Contact 911 and the Michigan Pollution Emergency Alerting System (PEAS) at 800-292-4706 APPENDIX C: NREPA Part 31 – Part 5 Rules C-1 APPENDIX C: NREPA Part 31 – Part 5 Rules NOTE: The Part 5 rules, Spillage of Oil and Polluting Materials, are promulgated pursuant to Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451) MCL 324.3101 et seq. These rules became effective August 31, 2001. The Department of Environment, Great Lake, and Energy (EGLE) , Water Division, oversees the Part 5 rules per the DEQ Delegati on Letter WD-01, effective September 15, 2002. Subsequent reorganization resulted in the Part 5 rules being overseen by the DEQ Water Resources Division. Internet l inks and notes have been inserted in this file to aid the reader in finding referenced regulations and program information. DEPARTMENT OF ENVIRONMENT , GREAT LAKES, AND ENERGY WATER RESOURCES DIVISION WATER RESOURCES PROTECTION Filed with the Secretary of State on August 23, 2001.These rules take effect 7 days after filing with the Secretary of State. (By authority conferred on the director and the department of environmental quality by sections 3102 and 3106 of 1994 PA 451, MCL 324.3102 and 324. 3106, and Executive Reorganization Order No. 1991-22, MCL 299.13) R 324.2001 to R 324.2009 are added to the Michigan Administrative Code and R 323.1151 to R 323.1159, R 323.1162 to R 323.1164, and R 323.1169 of the Code are rescinded to read as follows: PART 5. SPILLAGE OF OIL AND POLLUTING MATERIALS R 323.1158 Rescinded R 323.1151 Rescinded R 323.1159 Rescinded R 323.1152 Rescinded R 323.1162 Rescinded R 323.1153 Rescinded R 323.1163 Rescinded R 323.1154 Rescinded R 323.1164 Rescinded R 323.1155 Rescinded R 323.1169 Rescinded R 323.1156 Rescinded R 323.1157 Rescinded R 324.2001 Definitions; a to o. Rule 1. As used in this part: (a) "Act" means 1994 PA 451, MCL 324.101 et seq., and known as the natural resources and environmental protection act. (b) "Department" means the department of environmental quality. (c) "Indoors" means within a building or other enclosure which provides protection from the elements, which has doors or other means of entry that can be closed or otherwise protected from unauthorized entry, and which has a floor capable of containing liquid or solid materials. (d) "Manufactured item" means any solid article, other than a container holding solid or liquid polluting materials, which is formed to specific shape during manufacture, and which does not leach or otherwise release polluting materials to the groundwaters or surface waters of the state under normal conditions of use or storage. (e) "Oil" means oil of any kind or in any form, including any of the following: (i) Petroleum. (ii) Gasoline. (iii) Fuel oil. (iv) Grease. (v) Oily sludges. (vi) Oil refuse. C-2 APPENDIX C: NREPA Part 31 – Part 5 Rules APPENDIX C: NREPA Part 31 – Part 5 Rules (vii) Oil mixed with waste. (f) "Oil storage facility" means a temporary or permanent land-based industry, plant, establishment, firm, or other facility which receives, processes, manufactures, uses, stores, or ships oil, and at which there is present an amount of oil equal to or more than the threshold management quantity and which is so situated that oil could directly or indirectly reach the surface or groundwaters of this state, including any facility that discharges through a public sewer system. "Oil-storage facility" does not include an oil field petroleum or brine storage facility, a recreational marina, installations of oil-containing electrical equipment, or any transportation- related facility, as defined in 40 C.F.R. part 112. (g) "On-land facility" means a temporary or permanent land-based industry, plant, establishment, firm, storage site, or other facility, which receives, processes, manufactures, uses, stores or ships polluting materials and at which there is present an amount of any polluting material equal to or more than its threshold management quantity and which is so situated that loss of polluting materials could directly or indirectly reach the surface or groundwaters of this state, including any facility which discharges through a public sewer system. "On-land facility” does not include an oil storage facility, an oil field petroleum or brine storage facility, a recreational marina, installations of oil containing electrical equipment, or a transportation-related facility as defined in 40 C.F.R. part 112. NOTE: See Water Bureau POG #1 regarding transportation, storage, and use areas of polluting materials in railcars and trucks at Part 5 facilities. R 324.2002 Definitions; p to u. Rule 2. As used in this part: (a) "Polluting material" means all of the following: (i) Oil. (ii) Salt. (iii) Any material specified in table 1 in R 324.2009. (iv) Any compound or product that contains 1%, or more, by weight, of any material listed in paragraphs (i) through (iii) of this subdivision based on material safety data sheet formulation information for the compounds or products. (v) "Polluting material" does not include manufactured items. NOTE: This document includes R 324.2009 polluting materials in 2 lists, one is sorted by the CAS number and the other is sorted alphabetically by chemical name. (b) "Release" is defined in section 20101(1)(bb) of the act. For the purposes of this rule, "release" does not include any of the following: CORRECTION: “Release” is defined in section 20101(1)(ll) of the act. (i) Spilling, leaking, or discharging less than 1000 gallons of a polluting material into a secondary containment structure that complies with these rules, if recovery of the material spilled, leaked, or discharged is initiated within 24 hours of detection, is completed as soon as practicable, but not more than 72 hours after detection, and if no polluting materials are released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state. (ii) Spilling, leaking, or discharging less than 55 gallons of oil to the ground surface, if the spill, leak, or discharge is detected and the oil recovered within 24 hours of the spill, leak, or discharge, and if oil is not released directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state. (iii) Spilling, leaking, or discharging less than 55 gallons of oil to the surface waters of this state, if effective recovery measures are implemented in response to the spill, leak, or discharge immediately upon detection. (iv) Releases of air contaminants as defined in section 5501(a) of the act. (iv) Permitted releases as defined in section 20101(1)(aa) of the act. CORRECTION: “Permitted release” is defined in section 20101(1)(ii) of the act. APPENDIX C: NREPA Part 31 – Part 5 Rules C-3 APPENDIX C: NREPA Part 31 – Part 5 Rules (c) "Salt" means sodium chloride, potassium chloride, calcium chloride, and magnesium chloride, and solutions or mixtures of these compounds in solid or liquid form. (d) "Secondary containment structure" means a unit, other than the primary container in which polluting material is packaged or held, that is designed, constructed, and operated so that the polluting material cannot escape from the unit through public sewers, drains, or otherwise directly or indirectly into any public sewer system or to the surface waters or groundwaters of this state. (e) "Sewer system" is defined in R 299.2903(8). CORRECTION: “Sewer system” is defined in R 299.2903(l). (f) "Threshold management quantity" means any of the following: (i) For salt in solid form used, stored, or otherwise managed at any location at or within an on- land or oil storage facility, 5 tons.
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